Texas 2025 - 89th Regular

Texas House Bill HB836 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R2216 KKR-D
2	2	By: Lalani H.B. No. 836
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to establishing a minimum base wage for certain personal
10	10	attendants under Medicaid and other programs administered by the
11	11	Health and Human Services Commission.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subchapter F, Chapter 540, Government Code, as
14	14	effective April 1, 2025, is amended by adding Section 540.0281 to
15	15	read as follows:
16	16	Sec. 540.0281. COMPLIANCE WITH MINIMUM BASE WAGE FOR
17	17	CERTAIN PERSONAL ATTENDANTS. A contract to which this subchapter
18	18	applies must require the contracting Medicaid managed care
19	19	organization to ensure provider compliance with the minimum base
20	20	wage requirement for personal attendants under Section 546.0752.
21	21	SECTION 2. Chapter 546, Government Code, as effective April
22	22	1, 2025, is amended by adding Subchapter P to read as follows:
23	23	SUBCHAPTER P. PERSONAL ATTENDANT SERVICES
24	24	Sec. 546.0751. DEFINITIONS. In this subchapter:
25	25	(1) "Consumer direction model" means a consumer
26	26	direction model implemented under Subchapter C.
27	27	(2) "Contractor" means a person that contracts with
28	28	the commission, a Medicaid managed care organization, or an
29	29	employer or designated representative under a consumer direction
30	30	model to provide personal attendant services to individuals
31	31	eligible to receive those services under a program administered by
32	32	the commission.
33	33	(3) "Personal attendant" means an individual who is
34	34	engaged as an employee or subcontractor to directly provide
35	35	personal attendant services to an individual eligible to receive
36	36	those services under a program administered by the commission.
37	37	(4) "Personal attendant services" means nonmedical
38	38	services that enable an individual to engage in the activities of
39	39	daily living or to perform the physical functions required for
40	40	independent living, including:
41	41	(A) bathing, dressing, grooming, feeding,
42	42	exercising, toileting, positioning, routine hair and skin care, and
43	43	other personal care services;
44	44	(B) transfer or ambulation, transportation, and
45	45	other mobility support services;
46	46	(C) light housekeeping, grocery shopping, meal
47	47	preparation, laundry, and other household assistance;
48	48	(D) assisting with self-administered
49	49	medications;
50	50	(E) monitoring health-related needs and other
51	51	health management needs; and
52	52	(F) in-home respite services.
53	53	Sec. 546.0752. MINIMUM BASE WAGE FOR PERSONAL ATTENDANTS.
54	54	(a) This section applies only with respect to the following
55	55	programs administered by the commission:
56	56	(1) Medicaid, including a waiver or other program
57	57	established under:
58	58	(A) Section 1115 of the Social Security Act (42
59	59	U.S.C. Section 1315);
60	60	(B) Section 1915(b), (c), or (k) of the Social
61	61	Security Act (42 U.S.C. Section 1396n(b), (c), or (k)); or
62	62	(C) Section 1929 of the Social Security Act (42
63	63	U.S.C. Section 1396t); and
64	64	(2) a program authorized under Subtitle A, Title XX,
65	65	of the Social Security Act (42 U.S.C. Section 1397 et seq.).
66	66	(b) Notwithstanding Section 62.051 or 62.151, Labor Code,
67	67	or any other law, a contractor must pay a personal attendant who is
68	68	engaged to provide personal attendant services under a program to
69	69	which this section applies a base wage that is not less than the
70	70	greater of:
71	71	(1) $15 an hour; or
72	72	(2) the federal minimum wage under Section 6, Fair
73	73	Labor Standards Act of 1938 (29 U.S.C. Section 206).
74	74	Sec. 546.0753. COMPLIANCE MONITORING; REPORTING
75	75	VIOLATIONS. (a) The commission shall monitor compliance with the
76	76	minimum base wage required under Section 546.0752.
77	77	(b) The executive commissioner by rule shall establish a
78	78	process by which a personal attendant may confidentially report a
79	79	violation of Section 546.0752. The process must ensure that a
80	80	personal attendant is not retaliated against for reporting a
81	81	violation.
82	82	Sec. 546.0754. RESPONSIBILITY OF CERTAIN CONTRACTORS UNDER
83	83	CONSUMER-DIRECTED SERVICES OPTION. A person who contracts with the
84	84	commission to provide financial management services or consumer
85	85	managed personal attendant services under a consumer direction
86	86	model shall ensure that an employer or designated representative
87	87	complies with the minimum base wage requirement for personal
88	88	attendants under Section 546.0752.
89	89	Sec. 546.0755. FUNDING. In addition to money appropriated
90	90	by the legislature, the commission shall seek and accept federal
91	91	money and grants to help fund the minimum base wage requirement for
92	92	personal attendants under Section 546.0752.
93	93	Sec. 546.0756. ANNUAL REPORT. Not later than December 1 of
94	94	each year, the commission shall submit to the legislature a report
95	95	on the effectiveness of the minimum base wage for personal
96	96	attendants required under Section 546.0752.
97	97	Sec. 546.0757. RULES. The commission shall adopt rules
98	98	necessary to implement this subchapter.
99	99	SECTION 3. Section 546.0752, Government Code, as added by
100	100	this Act, applies beginning with the 2026 calendar year.
101	101	SECTION 4. The report required to be submitted during the
102	102	2026 calendar year under Section 546.0756, Government Code, as
103	103	added by this Act, must contain an assessment of the effect
104	104	increasing the minimum base wage under Section 546.0752, Government
105	105	Code, as added by this Act, had on the provision of personal
106	106	attendant services under the applicable commission-administered
107	107	programs, including a determination of whether:
108	108	(1) the quality of personal attendant services
109	109	provided under the programs improved; and
110	110	(2) the retention rate of personal attendants
111	111	increased as a result of the wage increase.
112	112	SECTION 5. If before implementing any provision of this Act
113	113	a state agency determines that a waiver or authorization from a
114	114	federal agency is necessary for implementation of that provision,
115	115	the agency affected by the provision shall request the waiver or
116	116	authorization and may delay implementing that provision until the
117	117	waiver or authorization is granted.
118	118	SECTION 6. This Act takes effect September 1, 2025.